After 9/11: An Out Cry for Change in Immigration Laws

The 9/11 terrorist attacks on the United States rattled the very core of America's soul and a demand for significant changes in immigration laws have come. In an essay by Michelle Malkin, "The Deportation Abyss: It Ain't over 'Til the Alien Wins," which first appeared in 2002 in "Backgrounder," a publication of the Center for Immigrations, gives insights to illegal immigrants and the problems with deportation.

The essay is taken from her book; Invasion: How America Still Welcomes Terrorist, Criminals, and Other Menaces to Our Shores. Malkin clearly states very strict immigration laws must be formed and enforced because Illegal Immigration to America is literally out of control. I knew it was out of control, but when you look at the facts written in this essay, it shows a bigger picture. Malkin essay seems to speak her opinion and conveys ideas for strategic changes in immigration laws. We need change, because the system we have now is not working, if it was, 9/11 never would have touched our lives.

Malkin quotes, the late congress woman, Barbara Jordon, from Texas. Jordon stated immigration policies should have only three ideas: immigrants who belong in America should stay, deportable immigrants must immediately depart and immigrants, who must be kept away, should not enter. I strongly agree with Barbara Jordon.

Currently, the environment repeatedly sides with immigrants rather than the safety of America. Malkin's has had several appearances on Fox News as a commentator on current events. She includes data from Government officials who discovered the INS is repeatedly negligent in following and deporting the most severe criminal offenders.

Numerous federal laws demand agencies to begin instantaneous deportation measures against immigrants convicted of aggravated felonies before released from prison. This lead to increased funding and staff for the Justice Department programs to process deportees at a higher rate. Still, INS fails to deport many convicted immigrants that are released into society after sentence completions further exposing our society to endangerment.

Elevated costs incur because immigrants must be located for deportation. Malkin's example in 1995 cites, INS failure to process deportable criminal immigrants resulting in nearly 63 million in extra costs. Moreover, Malkin's gives the cost of detention, and this strongly plays in the minds of the American people, who already pay high taxes for American criminals to be housed and jailed. Why would we want to pay additional taxes for illegal immigrants? This is a real concern for us all.

Malkin also gives evidence from statistics, interviews and citing published research in her essay. She explains that INS commissioner, James Ziglars, reveals that INS has no trace of roughly 314,000 fugitive deportees, and this discloser lead the Justice Department to place those names on the FBI's National Crime Database for the first time in history. Further, an uncounted number of "absconders", (hideaways), evade deportation orders given by immigration judges. This is a huge number of untraceable fugitive deportees! In other words, it's like a huge city filled with people, but these people are all immigrant fugitives. This is astounding to me.

Malkin, mentions that the 9/11 attack has made America uneasy of immigrants coming into the country without scrutiny. She further explained that after the announcement by the Justice department in 2002 of the new campaign "Absconder Apprehension Initiative," realization set in. The INS stated that the numbers of fugitive deportees was too great and after 12 months of entering names into the FBI database, they located only 10 percent of the missing deportees.

Staff shortages further delayed efforts. By May 2002, no terrorists were in custody and only 585 fugitive immigrants out of 341,000 were found; none were from the Al Qaeda pack. Wow, America did we know these facts? I didn't! And how many have we caught since and how many more are on the run?

Also, Malkin argues, consequences, in regards to INS letters sent to illegal immigrants that are known as "run letters." The INS entrusts deportees to turn them selves over or vacate the country on an honor system. Why would they turn them selves in? They are already on the run and to send them a letter first is absurd.

However, the problem does not solely rest on the INS. Currently only 20,000 beds are available in detention centers and there are roughly 200,000 deportees, further showing there is no place for them if the INS, did indeed, located them all.

A larger portion of blame lies with independent agencies in charge of the nation's immigration courts. These courts make deportation processes as consuming as possible. Did you know judges can reduce bonds imposed by the INS for deportees seeking release on their own recognizance before final deportation?

Malkin gives statistics from the independent groups known as Executive Office for Immigration Review (EOIR) and Board of Immigration Appeals (BIA). The latter panel is politically appointed and is largely immigrant welcoming advocates that have the power to overturn deportation orders. They receive more than 30,000 appeals within 12 months with a 56,000 case backlog and 34,000 are over 12 months old. Additionally, another 10,000 are more than 3 years old and some are more than 7 years or older. Malkin gives testimony from a justice department employee who states that a lack of detention space and bureaucracy leads to deportation inadequacies.

Again, Malkin argues by consequence when stating the immigration population knows the "loopholes" for evading immigration laws and cites that the internet reveals information on how to avoid deportation. She further gives examples of laws that provide relief for deportation in a vast array of circumstances. These range from long term residence without legal run-ins, to demonstrating serious hardships among family members who are citizens or permanent residents of the US.
Additionally, if they are to be subjects of torture or physical harm if returned, they may stay in America. Immigration lawyers in all 50 states are easily found on websites to aide immigrants convicted of a wide range of crimes with the worst case being murder.

Malkin strongly gives some examples of criminal immigrants not prosecuted or deported. In one example, a woman who was convicted of killing an 18 month old baby left in her care still lives in the US because it was not viewed as a crime of violence. Another example was when a woman was convicted of utilizing her three year old daughter in sexual relations. She was convicted of aiding and abetting and was released on parole with the sentence being overturned by the BIA. These are serious crimes and they should be rightfully convicted and deported because coming to our America is about freedom, not freedom to commit crimes.

Malkin adds that the most endangering loophole is immigrants seeking the voluntary departure option from the EOIR or BIA because too many convicted immigrants are not traced to verify if they have left the country. Once the judge orders the voluntary departure there is no further contact with them. The judges and the INS neglect to run criminal background checks before releasing immigrants. Border patrols who patrol the US- Canadian borders say immigrants who are released tell others how effortless it is to be in America. This leaves Border Patrols overwhelmed by the numbers. This further shows the problems within the immigration processes.

Malkin closes by comparing a burglary to homeland security. In order to deport and detain immigrants, an efficient plan must be developed without "loopholes and black holes" (478) for criminal immigrants. Furthermore, Malkin's essay effectively shows data to justify her views on immigration problems. After the attack on US soil from criminal immigrants and others who are set out to destroy America, shouldn't we have tougher laws in the immigration process?